Power of Attorney in Ontario: What You Need To Know

🎧 Listen to a summary of this article Click to expand

Speed:

If something unexpected happened and you couldn’t make decisions for yourself, someone needs to speak for you. That’s what a Power of Attorney (a POA) is for.

In Ontario, a POA is a legal document that lets someone you trust act on your behalf. It’s not just for seniors or end‑of‑life planning. Think of it as protection while you’re alive. If you’re injured, ill, or otherwise unable to decide for yourself, someone you choose can step in without delay.

There are two kinds in Ontario:

1. Power of Attorney for Personal Care covers health care, housing, meals, clothing, hygiene, and overall well‑being. If you can’t communicate, your attorney can talk to doctors, choose or refuse treatments, share your wishes about pain relief or life support, and follow the instructions you left in your documents.

2. Continuing Power of Attorney for Property covers money and assets. Your attorney can pay bills, access accounts, manage investments, collect money owed to you, and sell property if necessary. A “continuing” POA keeps working even if you become mentally incapable. (Ontario also allows a non‑continuing property POA for short‑term situations; it ends if you lose capacity — for example, while you’re travelling.)

You control the scope. You can give broad powers or limit them to specific tasks. You also decide when it starts, immediately after signing, or only if you’re deemed incapable.

Without a POA, your family may have to apply to the court to be appointed as your guardian. That process takes time, adds cost, and piles stress on loved ones at the worst moment.

When it comes to living wills, in Ontario there isn’t a separate “living will” law. What most people mean is an advance directive: written medical instructions that guide your personal‑care attorney and health team. You can include these instructions inside your Willful POA for Personal Care so everything lives in one place.

For Personal Care, your POA can make health decisions, share your wishes for life support and pain relief, and decide where you live and the help you receive.

For Property, your POA can pay expenses, manage or sell assets, and deal with banks and government benefits. They cannot change your will.

Who should you choose?

Pick someone with good judgment who knows your values and will act in your best interests. Certain people can’t serve for personal care if they’re paid to provide you health or support services (unless they’re a spouse, partner, or relative). Consider naming a backup in case your first choice can’t serve when needed.

Make it legal in Ontario (no lawyer required)

You must be capable at signing, and of the right age: 18 for property; 16 for personal care.
Print the document and sign in wet ink. Digital signing and witnessing isn’t accepted.
Sign with two eligible witnesses at the same time. Your attorney, your spouse, your attorney’s spouse, your child, or anyone under the age of majority cannot be a witness.
In Ontario, people with a court‑appointed Guardian of Property or Person, anyone whose property is under your guardianship, or anyone who has your child under their guardianship should not witness.
Keep the original in a safe place and tell your attorney where to find it.

Common questions

Do you need notarization? No. A POA that’s properly signed and witnessed is valid without a notary. Notarizing can still help things move faster by reducing verification delays.

Is registration required? No. There’s no provincial registry you must file with. Your POA is effective once it’s properly executed and shared when needed.

How to create your POA

Government forms / bank templates — low/no cost, but one‑size‑fits‑all and easy to mis‑complete.
Lawyer — best for complex estates or custom clauses; typically $100–$400 for a simple POA.
Willful — the middle path: online, guided, Ontario‑compliant documents with clear signing instructions. Create both types of POA alongside your will from home in ~20 minutes. Our Premium Coverage plan includes powers of attorney, and you can start for free.

Quick setup checklist

Choose your attorney and a backup.
Decide what powers they have and when they start.
Add any medical instructions.
Print, sign, and witness correctly.
Store safely; share locations and copies.
Review after major life events.
Keep it current. You can revoke or replace your POA anytime while you have capacity; sign a new one with proper witnesses and let the right people know. Destroy old copies so there’s no confusion.

Bottom line? A Power of Attorney ensures decisions don’t stall when time matters most. It protects your finances, your care, and your peace of mind — and protects your loved ones from costly, avoidable delays.

Create your Ontario POA today at Willful.co. Quick to set up, easy to update, and ready for life’s “what‑ifs.”

What you need to know

A Power of Attorney (POA) appoints someone to make decisions for you
Ontario has two types of POAs: POAs for personal care and POAs for property
You can decide the scope of how your attorney is allowed to act in each of your POA documents
Having a POA helps you avoid delays when decisions need to be made and gives you and loved ones peace of mind
Willful helps you create affordable, legally-valid POAs online from the comfort of home

Being incapable of making financial decisions or health care decisions for yourself isn’t a place anyone wants to find themselves or their loved ones.

As unpleasant a thought it is, accidents can happen at any point of our lives—but thankfully, we can prepare for them.

Creating a power of attorney can grant someone the legal authority to make decisions for you in the event that you’re unable to. With one, you can rest assured knowing that someone you trust can take care of your affairs.

What is a power of attorney?

In Ontario, a power of attorney or POA, is a legal document that gives someone you trust the authority to make decisions on your behalf and represent you to others.

The authority can be general or be limited to specific acts that the attorney can perform. Some common acts include:

Paying bills
Investment of certain assets
Sale of property
Making healthcare decisions

This ability is given in advance by you, the “grantor”, “donor”, or “maker” of the document.

In Ontario, there are two types of power of attorney documents:

Power of attorney for property
Power of attorney for personal care

Here are some of the differences between the two types of POA documents:

What is a power of attorney for personal care in Ontario?

Your power of attorney for personal care can make decisions regarding your health care, housing, meals, and clothing — essentially anything related to your personal care.

Power of attorney for personal care	Details
What they’re responsible for	Health care This person is the voice of your healthcare decisions if you are unable to communicate yourself. They are also responsible for communicating life support measures and other advanced directives you have outlined in our will and POA documents. Housing Meals Clothing

Typically your power of attorney for personal care is a spouse, relative, or close friend who is familiar with your wishes and has good judgement.

What is a living will in Ontario?

Legally speaking, there is no such thing as a “living will” in Ontario.

However, what people generally refer to as a living will is a document that outlines your medical wishes for end of life.

In Ontario, your documented medical instructions are legally recognized as an "advance directive". This document outlines your treatment and personal care wishes. However, it is perfectly legal to simply include these instructions as a part of your power of attorney documents.

Ontario law requires that your attorney follow any wishes and instructions you have provided in your power of attorney or advance directive. The only exception is if the instructions are impossible at the time of decision-making.

Father and daughter grinning at each other beside the text:The easiest way to create a legal POA and living will from the comfort of your own home. Button reads: Start yours for free!

What is a power of attorney for property in Ontario?

In Ontario, your continuing power of attorney for property is responsible for making decisions regarding your property and finances, if you are medically incapacitated.

This includes:

Paying your bills
Managing investments
Collecting any money owed to you

💡 Good to know Ontario also recognizes non-continuing power of attorney for property. However, this type of POA ends if you become mentally incapable. Typically a non-continuing power of attorney is used for a limited time. For example: if you need assistance taking care of your financial affairs if you’re travelling.

In this article, we are referring only to continuing powers of attorney. Willful does not offer non-continuing (or limited) power of attorney documents at this time.

What is the Ontario Power Of Attorney Act?

The Power of Attorney Act was legislated in 1990 as a mechanism to authorize the use of a power of attorney, a legally binding document with which a person (the grantor) grants another person (the attorney) the ability to act on their behalf in the event they are unable to make their own decisions.

The original legislation allowed the grantor to name substitute decision makers with respect to property, but not for personal care.

The Act was later amended in 1995 following the Substitute Decisions Act, which allowed the grantor to name substitute decision makers with respect to personal care decisions as well.

⭐️ ⭐️ ⭐️ ⭐️ ⭐️
I had procrastinated for years on doing my will and powers of attorney, thinking I had to have a lot of detailed info all figured out before starting. Instead, found Willful simple to follow with straightforward guidance.
— Harper, a Willful customer

Why should Ontarians have a power of attorney?

If in the event of an emergency you are unable to do so yourself, your attorney is responsible for making decisions about your:

Property
Financial matters
Personal life
Medical care

In many cases, you can also help your attorney by outlining these decisions in advance.

Despite what many people believe, power of attorney is not only for seniors and those considering end-of-life-care.

POA documents offer protection in the event of incapacitation, regardless of your age. This includes anything from physical accidents to medical emergencies.

A power of attorney is something you never hope will come into effect, but it can protect your finances, health, and personal decisions if you were to become incapacitated. A great way to think of your POA as a form of disability insurance, it protects you while you’re alive. In contrast, your will would be like a form of life insurance, which takes care of your loved ones after you pass away.

💡 Good to know With Willful, you have the flexibility to choose when your power of attorney for property becomes active—either immediately after it's signed, or only if you become incapable of making decisions yourself.

Start your power of attorney for free today →

Do I need a lawyer to make a legal power of attorney in Ontario?

You do not need a lawyer to draft your power of attorney of attorney documents in Ontario. However, there are some criteria you need to meet in order for it to be legal.

In Ontario this includes:

Criteria for a legally valid POA in Canada
The document must be stored as a physical document (It must be printed and cannot be stored online)
You must be of sound mind and over the age of majority in your province
You must sign your document in the presence of two valid witnesses and they must sign to confirm they have witnessed your signature.
The signatures must be in wet ink and at the very end of the document (You cannot digitally sign and witness your estate planning documents at this time).

Does a power of attorney need to be notarized in Ontario?

No. In Ontario, your power of attorney doesn’t need to be notarized to be valid, as long as it’s signed and witnessed correctly.

Banks or other institutions cannot legally refuse a valid POA just because it's not notarized.

That said, notarizing it can make things move faster by giving banks and other institutions confidence in the POA's authenticity, helping avoid delays in the verification process that protects both you and the institution against fraud.

What are the duties of a power of attorney in Ontario?

In Ontario, your power of attorney for property can do anything in relation to managing your property and financial affairs that you could do, if you were competent. The only thing your attorney for property cannot do, is make your will.

A power of attorney for personal care in Ontario can make decisions related to your personal care.

Power of attorney for property duties include:	Power of attorney for personal care duties include:
Accessing your bank accounts Paying bills Collecting debt Applying for benefits Purchasing investments (i.e. stock, mutual funds, bonds) Selling your assets	Health care Medical treatment Nutrition Shelter Clothing Hygiene Safety Communicating your medical wishes, such as pain relief and life support, to doctors and medical professionals

💡 Good to know If you're ever concerned that your attorney might not have your best interests at heart, or they may no longer be able to fulfil their duties, you can always revoke or change your POA as long as you have capacity.

How can I make a power of attorney in Ontario?

It’s easier than you think to make a power of attorney. There are several ways to get a legal power of attorney in Ontario:

Power of attorney forms

‍Power of attorney forms are often a good free or low-cost option for Canadians who want to designate someone to make decisions on their behalf.

In Ontario, you may be able to find forms directly on the government’s website, and some banks may also provide basic templates.

That said, these forms are typically "cookie-cutter" and fill-in-the-blank, meaning they don’t leave much room for personalization. This can lead to confusion or unintended consequences down the line for your appointed attorney.

If you choose to use a POA form, it's important to make sure it's legally valid in Ontario. Each province has its own rules about what makes a power of attorney document legal.

📘 For example In Ontario, you need a specific form for financial decisions (called a Continuing Power of Attorney for Property) and a separate one for personal care. Both must be signed in front of two eligible witnesses.

Online power of attorney platforms‍

Online platforms like Willful are a convenient and affordable option for anyone looking for personalized POA documents.

Willful’s dynamic platform asks you all the important questions, so you can be certain your document reflects your wishes.

We also include detailed instructions to ensure that your document is legally-binding in Ontario. Willful also offers legal wills in Ontario.

Visiting a lawyer ‍

If you have complex wishes or require legal advice, you may want to consider visiting a lawyer. A lawyer can walk you through any complexities to build a legal document that best meets your personal needs. However, a customized POA from a lawyer can be very expensive.

How much does it cost to get a power of attorney in Ontario?

The cost of a power of attorney document in Ontario depends on the method you choose.

A customized power of attorney document from a lawyer can range from $100 to $400. Meanwhile, you can find a power of attorney blank template for less than $20 and possibly even free if you opt for a cookie-cutter approach.

At Willful, power of attorney documents are included with our Premium Coverage plan.

For out more information about Willful plans →

What makes power of attorney valid in Ontario?

A power of attorney is considered legally valid so long as it meets the following requirements:

You must be mentally capable at the time of signing
You must be the age of majority in Ontario (At least 18 years old to make a power of attorney for property and at least 16 years old to make a power of attorney for personal care)
You must sign your document in the presence of two valid witnesses who must also sign the document
The signatures must be in wet ink at the end of the document